The legislation aims to deter violent felonies associated with firearms by imposing stricter penalties. Existing laws already dictate enhancements for repeat offenses; SB652 looks to extend this umbrella to anyone who unlawfully possesses a firearm after a prior violent felony. This move could potentially lead to longer sentences for offenders, contributing to longer periods of incarceration for those who violate these laws. The bill was crafted with the intention to improve public safety by minimizing opportunities for individuals with violent pasts to access weapons.
Summary
Senate Bill 652, introduced by Senator Nielsen, amends Section 667.5 of the California Penal Code, specifically addressing the classification of violent felonies in relation to firearms. The bill proposes that unlawful possession of a firearm by a person previously convicted of a violent felony will also be defined as a violent felony in California. This definition aligns with the state's intent to enhance penalties for repeat offenders and further restrict access to firearms for those with a history of violent crime. This change brings about additional penalties for those found guilty of unlawfully possessing firearms under these terms.
Contention
Opposition to SB652 may arise from concerns over civil liberties and the effectiveness of such laws in reducing crime rates. Critics argue that labeling unlawful firearm possession as a violent felony may not adequately address the root causes of gun violence and could disproportionately impact individuals from underprivileged backgrounds. Additionally, the bill modifies existing laws which could complicate the legal framework surrounding firearm possession and violations, potentially leading to unjust legal outcomes for non-violent offenders charged under this provision.